Divorce pending and immigration

[shatay 1]

Dear all,

Greetings to you all,can I file my I -30 while awaiting for a past marriage divorce that are still in court. No, decision has not been reached yet on the divorce.

Can we go on to file papers with my new husband, as I wait for the divorce in court.

Want to know if is possible to go ahead or must I wait for the final decision.

The previous marriage was done here in the USA and I filled for divorce here also.

Thanks to you all as you advice on this topic

Edited September 4, 2015 by shatay

[Boiler 43,431]

You have 2 Husbands?

[Hardfacts123 50]

If you are not legally divorce, than you don't have a 2nd husband, which you are referring to. If you have gone thru a valid marriage ceremony, than you have committed a federal crime. It is call bigamous. So on that note, only a lawyer can help you.

PleAse clarify your post so others can help you.

[tsabbas 47]

I personally think you are going to have a problem if your new marriage date is prior to the divorce date from your prior spouse. But maybe that's just me.

Edited September 4, 2015 by tsabbas

[shatay 1]

You have 2 Husbands?

No my former could not keep to Imigration appointment I got work authorization but could not make AOS

appointment with him. He has been on rehab for drinking and smoking so we decided to end the marriage after withdrawal from immigration.

For me to go on with my life married a new new man this is what happened

[shatay 1]

I personally think you are going to have a problem if your new marriage date is prior to the divorce date from your prior spouse. But maybe that's just me.

No not married yet with my new boyfriend asking to know the possibility or must i wait until divorce is finalized

[shatay 1]

If you are not legally divorce, than you don't have a 2nd husband, which you are referring to. If you have gone thru a valid marriage ceremony, than you have committed a federal crime. It is call bigamous. So on that note, only a lawyer can help you.

PleAse clarify your post so others can help you.

No not married to my new boyfriend yet am asking for the possibility as am still waiting for the divorce in court to finalize

[kzielu 1,147]

No not married to my new boyfriend yet am asking for the possibility as am still waiting for the divorce in court to finalize

So how do you want the guy that isn't your husband yet file marriage (that hasn't happened) based petition ?

This is one of the weirdest questions I saw on this site... And expect issues with two petitions filed one after another with divorce in between them.

[tsabbas 47]

No not married to my new boyfriend yet am asking for the possibility as am still waiting for the divorce in court to finalize

Okay, got it. It sounded from your first post that you were already married to the new guy. You can't file an I-130 unless you are already married to the person you are petitioning. So you have to wait until your divorce is final and you are married. But you might want to put a little time in between the two.

[Unshakable Faith 493]

To answer your question... you will have to have a completed divorce to file a petition for a spousal visa (I-130) and even a fiance visa (I-129F). There is no way to file either without having your divorce finalized.

As others said, you cannot file a petition for a spousal visa because you have to be married before you file the petition- which you are unable to do if you are still married to your previous husband.

Similarly, you also cannot file a petition for a fiance visa because one of requirements is a signed Intent to Marry, saying that you are free and able to legally marry.

You're just going to have to wait until things with your divorce are finalized.

Are you in USC or the beneficiary?

[Eric & Idalia 56]

No my former could not keep to Imigration appointment I got work authorization but could not make AOS

appointment with him. He has been on rehab for drinking and smoking so we decided to end the marriage after withdrawal from immigration.

For me to go on with my life married a new new man this is what happened

So you came on a K1 (fiance) visa?

Edited September 5, 2015 by Eric & Idalia

[belinda63 2,981]

I am so confused. You were married to a USC but he died. Then you came to the US on a tourist visa and overstayed. Then you married another USC to whom you are still married but he did not file for you to get your green card. Now you have a new USC boyfriend that you want to marry (after your divorce is final) and have him file for a green card. You are raising all kinds of red flags here.

[Boiler 43,431]

Perhaps this is for a friend?

[shatay 1]

To answer your question... you will have to have a completed divorce to file a petition for a spousal visa (I-130) and even a fiance visa (I-129F). There is no way to file either without having your divorce finalized.

As others said, you cannot file a petition for a spousal visa because you have to be married before you file the petition- which you are unable to do if you are still married to your previous husband.

Similarly, you also cannot file a petition for a fiance visa because one of requirements is a signed Intent to Marry, saying that you are free and able to legally marry.

You're just going to have to wait until things with your divorce are finalized.

Are you in USC or the beneficiary?

The beneficiary I am

Thanks to you all for finding time to respond to my questions. I appreciate you all

[cristina16 81]

Omg! It started with 2 husbands and by the end of the thread I don't think it was clear to her. She was very confused and strated with a wrong question. The answes were ckear I hope she somehow pick up something. Yeah maybe the question is for a friend.

Sorry I didn't answer the question. You all guys already madenit clear.